Department Reservation of Rights. (a) The Department may, at any time at its sole cost and expense, devote, use or take advantage of the Reserved Rights for any public purpose without any financial participation whatsoever by the Concessionaire. The Department hereby reserves to itself all ownership, development, maintenance, repair, replacement, operation, use and enjoyment of, and access to, the Reserved Rights. The Department will owe no compensation or damages on account of its exercise of Reserved Rights, unless such exercise qualifies as a Compensation Event.
(b) In addition to any rights it has, the Department reserves (for itself and its representatives, as well as others claiming by, through or under the Department) the right and will have the right to enter the Project Assets and each and every part thereof at all reasonable times in the following circumstances:
(i) in the event of an actual or reported emergency, danger, threat, circumstance or event that is reasonably believed by the Department or its designee (including relevant police, fire, emergency services, armed forces, and any other security or emergency personnel in accordance with Section 9.06) to have caused (or to present 174 DMEAST #27287336 v26 the imminent potential to cause) injury to individuals, damage to property, or threat to the Environment or to public safety, to take, at such times, as the Department determines necessary in its discretion and with notice to the Concessionaire if practicable under the circumstances, such actions as the Department or such designee determines necessary to respond to or to rectify such emergency, danger, threat, circumstance or event; and
(ii) in the event of any circumstance or event that is reasonably believed by the Department to have caused an impairment to the continuous operation of the HOT Lanes as a public highway, and if the Department in its discretion determines that the Concessionaire is not then taking all necessary steps to respond to or to rectify such circumstance or event, to take, at such times as the Department determines necessary in its discretion and with notice to the Concessionaire if practicable under the circumstances, such actions as the Department determines may be necessary to respond to or to rectify such circumstance or event or to restore the operation of the Project, and all costs and expenses incurred by the Department in connection with or related to such actions will be paid by the Concessionaire.
(c) The Concessionaire acknowledges and agr...
Department Reservation of Rights. All rights to own, lease, sell, assign, transfer, utilize, develop or take advantage of the Reserved Rights are hereby reserved to the Department; and the Developer shall not engage in any activity infringing upon the Reserved Rights. The Department at any time may devote, use or take advantage of the Reserved Rights for any public purpose without any financial participation whatsoever by the Developer. The Department hereby reserves to itself all ownership, development, maintenance, repair, replacement, operation, use and enjoyment of, and access to, the Reserved Rights. No Department activity or improvement respecting Reserved Rights shall materially interfere with the construction of the Project.
Department Reservation of Rights. The Department reserves the right to accept the Project Schedule developed, signed and submitted by the Contractors, while preserving exceptions to any defects in the means, methods, sequences, durations and/or logic which the Department believes exist in the schedule. The acceptance of the updated Project Schedule by the Department in no way relieves the Prime Contractors from their duty to coordinate amongst themselves and shall not make the Department, its designee or the Professional a guarantor of the Project Schedule. Upon request, the Lead Contractor shall provide to DGS, in hardcopy and electronic format (format to be determined by DGS), all the planning data used to develop the Project Schedule. This planning data shall include, but is not limited to:
1. Job Sequences;
2. Activity Logic;
3. Man loading;
4. Crew sizes;
5. Number of shifts planned per working day;
